United States v. X-Citement Video, Inc. case brief summary
513 U.S. 64 (1994)
CASE FACTS
Respondent criminals were convicted of violating the Protection of Children Against Sexual Exploitation Act of 1977, under 18 U.S.C.S. §§ 2252 (a)(1), (a)(2), 371. Respondents challenged their convictions. The appellate court reversed, holding that § 2252 was facially unconstitutional because it did not require a showing that respondents had knowledge that one of the performers was a minor. The government appealed from the judgment.
DISCUSSION
The Court reversed, holding that § 2252 was not unconstitutional and required knowledge because the term "knowingly" in § 2252 extended to both the sexually explicit nature of the material and to the age of the performers.
CONCLUSION
The Court grant certiorari to the government and reversed the appellate court's reversal of respondent criminals' convictions under the Protection of Children Against Sexual Exploitation Act of 1977. The Court held that the child pornography statute required a showing that respondents had knowledge of the performers' ages. Thus, the statute was not unconstitutional and the convictions should not have been reversed.
Recommended Supplements for Criminal Law
513 U.S. 64 (1994)
CASE SYNOPSIS
The government filed a petition for a
writ of certiorari to the United States Court of Appeals for the
Ninth Circuit to challenge the reversal of respondent video
retailers' convictions for violation of the Protection of Children
Against Sexual Exploitation Act of 1977 pursuant to 18 U.S.C.S.
§§ 2252 (a)(1), (a)(2), 371.CASE FACTS
Respondent criminals were convicted of violating the Protection of Children Against Sexual Exploitation Act of 1977, under 18 U.S.C.S. §§ 2252 (a)(1), (a)(2), 371. Respondents challenged their convictions. The appellate court reversed, holding that § 2252 was facially unconstitutional because it did not require a showing that respondents had knowledge that one of the performers was a minor. The government appealed from the judgment.
DISCUSSION
The Court reversed, holding that § 2252 was not unconstitutional and required knowledge because the term "knowingly" in § 2252 extended to both the sexually explicit nature of the material and to the age of the performers.
CONCLUSION
The Court grant certiorari to the government and reversed the appellate court's reversal of respondent criminals' convictions under the Protection of Children Against Sexual Exploitation Act of 1977. The Court held that the child pornography statute required a showing that respondents had knowledge of the performers' ages. Thus, the statute was not unconstitutional and the convictions should not have been reversed.
Recommended Supplements for Criminal Law
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